I have bought a brand new house...we should have moved in this weekend but the builders solicitors have taken 7 weeks to draw up the contracts! now I have had the contracts today the builders solicitors have very nicely told me they will be chargin me for the privelidge of preparing all the paperwork.....bloody cheek! Do I have to pay this surely as the builders are selling the property they should pay for their own paperwork!!!
2007-09-05 01:18:22 · 5 answers · asked by vampini 3 in Politics & Government ➔ Law & Ethics
On the East side of 'the pond`, such matters are
negotiable.
First read CAREFULLY, your copy of anything else
you may have signed in relation to the deal.
It is perfectly reasonable to argue that the sellers
legal fees should be his own responsibility.
If they insist, the solicitor is ethically bound to
you and not the seller. You insist on reviewing
the contract to ensure that is more favorable to
you. If it's not you hint at unethical behavior.
2007-09-05 01:33:21 · answer #1 · answered by Irv S 7 · 1⤊ 0⤋
No, this is certainly not common practice. The Seller bears the costs for drafting the contract of sale and the Buyer is responsible only for his/her solicitor's fees. However, this doesn't mean that the parties cannot agree something different.
When you say you "bought" the house, have you signed any agreement committing yourself to the payment of legal fees? If not, you don't have a legal obligation to pay them, but that is no help to you as failing to pay might prevent the sale going through, as the Seller won't have any obligation to sell either. If you think the fees are too high, you will be able to contest the bill - after payment. My advice - try and negotiate them to a reasonable amount, say £50 plus VAT. You only want to pay for the time costs, and not their Land Registry fees etc.
The Seller is obviously very confident he can sell his property and that there will be many Buyers willing to pay the costs. That said, it's a bit of a cowboy tactic.
2007-09-05 07:56:13 · answer #2 · answered by Boris 2 · 0⤊ 0⤋
It depends on what you negotiated. Often times, the buyer does pay the closing costs (in the US). Here a real estate broker would draft the contract and unless you as the buyer have made your deal otherwise, the buyer pays the costs.
2007-09-05 01:23:39 · answer #3 · answered by hensleyclaw 5 · 0⤊ 0⤋
That's the contract they're offering. You don't have to accept it.
Are you a poker player? You could refuse to sign unless the builders agree to meet all your legal fees. Then see who blinks first.
2007-09-05 01:21:44 · answer #4 · answered by Anonymous · 1⤊ 0⤋
If it wasn't agreed that you should pay, then don't pay...and don't let them bully you either. Threaten to pull out and charge them for any costs incurred to date.
2007-09-05 01:22:14 · answer #5 · answered by Anonymous · 1⤊ 0⤋